Fiske v. Fiske

The opinion of the court was delivered by This appeal is taken from an order of the district court dismissing plaintiff's garnishment of her former husband's wages. The district court stated there was no judgment on which garnishment could issue. We must determine whether the provisions of a separation agreement incorporated in a divorce decree become a judgment enforceable by garnishment. The facts are undisputed. Plaintiff Ellen L. Fiske sued defendant Raymond B. Fiske for divorce. The parties entered into a stipulation agreement purporting to make a final and binding settlement of all their property rights and claims against each other. Dated February 18, 1970, the document included a provision requiring defendant to pay the indebtedness on a house trailer in the amount of $130.00 per month. The stipulation agreement was filed with the journal entry of divorce. The trial court specifically stated that it approved the agreement and made it a part of the decree. Because of its significance to this appeal, we quote that part of the journal entry which refers to the stipulation agreement: 5. That plaintiff and defendant have entered into a Stipulation which has been filed herein and which contains the following provisions: